Petition of the Two and a Half Tribes/2

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Petition of the Two and a Half Tribes

Exegetical Approaches

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Moshe Had it Right!

The two Tribes’ original request had two components: one explicit, to receive their portion on the eastern side of the Jordan and one implied, that they would not be participating in the conquest. According to several sources, Moshe correctly inferred that R&G did not intend to join the campaign and saw this as an immediate threat to the success of the Conquest. By comparing their request to the Spies, Moshe is expressing his indignation that they would prefer to settle outside the borders that G-d had chosen for them. Therefore, his harsh response was justified. 

Dangers  in  Not Participating in the Conquest
Dangers in Receiving Land Outside of Canaan
  • By their preference for land outside the boundaries of Canaan,  Tzeror HaMor Bemidbar 32  and Akeidat Yitzchak  accuse R&G  of being guilty of ,וימאסו בארץ חמדה4 that  will further demoralize the rest of the Tribes.The promise of The Land is a central  element of every revelation by  G-d to all our Avot and is a component of the Birkat Avraham that accompanies and guides  the Bnei Israel through their  bondage  and exodus from Egypt,  and their wandering through the Wilderness. All the references to The Land, beginning with the promises to the Avot, speak of “the land of Canaan” which in the days of Moshe had a particular geographic referent.   While its  north-south borders were never considered definitive ,מנהר מצרים עד הנהר הגדל נהר פרת"5, the  natural borders of the Mediteranean Sea  and Jordan River , determined its east-west limits. It did not include the lands east of the Jordan. For those situated on the east side of the Jordan, it was always, “when you will cross the Jordan”. And so,  G-d said to Moshe while he was on the east side of the Jordan, והיה ביום אשר תעברו את הירדן אל הארץ אשר ה' אלקיך נתן לך"6, the Land that G-d gives you as an inheritance is on the west side.7
  •  Moshe fears that settlement of R&G outside of Canaan would be considered by G-d as a grievous sin, resulting in some sort of collective  punishment  just as  it was in the case of the  Spies ,or perhaps as the NetzivBemidbar 32:13About R. Naftali Tzvi Yehuda Berlin suggests, an extension of the Spies' punishment of wandering the desert.
Failed Moral Compass
  •  The Tribes'  wealth and military victories over Sichon , Og and Midian may have  had generated a sense of over confidence.  The fact that this generation were not newly liberated slaves, but rather , had attained a certain degree of independence and self-sufficiency during their stay in the wilderness, may have further strengthened their self confidence. According to Akeidat Yitzchak85About R. Yitzchak Arama, this situation might have lead  to a sense of "כחי ועצם ידי" and   a lack of trust in G-d. This might explain  their  willingness to live alone in territories that were exposed to incursions  that lacked the natural defenses  of Canaan9.
Moshe  Acquiesces
  • In response to Moshe’s outrage, R&G now propose  to send a military force, "נחלץ חשים" to serve as a vanguard to help the tribes conquer Canaan, and not to return to their families until each of the tribes have received their portion in Canaan,  "עד אשר הביאנם...עד התנחל בני ישראל איש נחלתו". Spero10 suggests, that while strict authoritarianism would require that Moshe stick to the  Divine plan and insist that the R&G settle in Canaan, Moshe  had to weigh the possibility of popular rebellion, as was the case of Korach11  and the Ma’apilim12 , if he refuses their request.  As a sort of “lame duck” leader at this time, it would have been much more difficult to assert his authority.  The immediate, positive gain of R&G’s willingness to send their men as a vanguard force, outweighed the possible negative .
  •  In regard to the question of: Did Moshe consult with G-d before he accepted their proposal? From the words," את אשר דבר ה '13 it would appear that Moshe did receive Divine sanction for the agreement , affirmed by Moshe in Arvot Moav14, ה'  אלקיכם נתן לכם את הארץ הזאת לרשתה and   later by Yehoshua, " וישבו וילכו בני ראובן ובני גד שבט המנשה מאת בני ישראל משלה אשר בארץ כנען ללכת אל ארץ הגלעד אל ארץ אחזתם אשר נאחזו בה על פי ה' ביד משה".15
Moshe as Leader
  •  Moshe’s  critical, yet calculated   response is an example of crisis management and damage control aimed to educate  and ensure for smooth implementation of the agreement under  Yehoshua, as explained by PhiloOn the Life of Moses I 329On the Life of Moses I 330About Philo  ,Akeidat Yitzchak85About R. Yitzchak Arama MalbimBemidbar 32:14,16About R. Meir Leibush Weiser  explain how  only after Moshe's passionate and critical reaction, do the  two Tribes take council with each other,   modify their request with a generous counter proposal  and the tension is diffused . Here, Moshe demonstrated seasoned leadership and good judgment.
  •  In order to further strengthen the legality of the agreement, Moshe spells out the terms  of the condition: If you will do this thing…..and if you will not do so….. This is referred to in the Talmudic literature as "תנאי בני גד ובני ראובן"16 , which is the prototype for a condition to have legal standing. According to Chanina ben Gamliel17, the double condition is necessary to clarifiy that the Tribes' will not loose their right to a  portion in Canaan,  in the situation that they do not keep their side of the bargain .
  • It would appear that the agreement was solemnized by the Tribes taking an oath, as it says, והייתם נקים מה' ומישראל18. Moshe then,  brings the  the  agreement  before Elazar HaCohen , Yehoshua and the heads of the Matot19, the same judicial bodies that  will supervise the Conquest and  portioning of the land in Canaan. This is confirmed after the successful completion of their mission, as we read in  Yehoshua   ,אז יקרא  יהושע לראובני ולגדי ולחצי מטה מנשה.....לא עזבתם את אחיכם זה ימים רבים עד היום ..ועתה פנו ולכו לכם לאהליכם אל ארץ אחזתכם אשר נתן לכם משה עבד ה' בעבר הירדן..ויברכם...20.
Sudden Appearance of Menashe
  •  According to this approach, that the very request of  R&G was offensive and which triggered Moshe’s harsh response, how do we understand what seems to be Moshe’s unsolicited offer to settle clans from Menashe in Eiver Hayarden? In addition, assuming that מכיר, does not refer to the family of or descendents of  מכיר, as the RambanBemidbar 32:41About R. Moshe b. Nachman explains (although he does entertain the idea that he might still be alive), based on the chronology of the Tribe of Menashe21, Machir  lived over 200 hundred  years ago ! A commentary on Chronicles, attributed to a  student of Saadia Gaon , claims  that  the sons of Menashe had temporarily conquered some territories on Eiver Hayarden ,much earlier, while their father, Yosef ,was still a vizier in Egypt. Now that these lands had been “liberated” , Moshe honored the claims of these clans to the land and their right to settle there22.
Textual Points
  •  ומקנה היה לבני ראובן ולבני גד עצום מאוד ויראוו את ארץ יעזר, ואת ארץ גלעד והנה "המקום מקוםמקום מקנה23 -The introductory words of the chapter that begin with the subject (and not a verb),already set  the tone and   direct  the reader’s attention to the Tribes’ accumulated wealth . Samet 24points out that the root   קנ"ה that is mentioned  twice in the introduction and twice in  the Tribes’ first conversation25  -focuses on the quality of  possession/aquisition. Moshe avoids that subject-except when he  uses a substitute word  צנאכם26
  • "עטרות ודיבן ויעזר ונמרה וחשבון"-Rosenson27. suggests that the unconventional manner that R&G present their request by listing the names of the cities without providing their general context, and the hesitant, hinting manner of verses 4,5-as if “beating around the bush, suggests that they themselves sense that their request is problematic.
  • "הארץ אשר הכה ה"–Akeidat Yitzchak85About R. Yitzchak Arama  contends  that the only mention of G-d by R&G in their initial request  was perhaps  an attempt to neutralize any accusation that they were acting immorally by taking for themselves, land conquered by a joint effort of all Bnei Yisrael. Their implicit argument is that these lands were primarily  conquered, through the help of G-d..and so, too, will Canaan be conquered with Divine intervention.
  • The repetition of the word ויאמרו  while in the middle of an uninterrupted conversation, that began  in verse 2, is a textual phenomenon that might  indicate a break in the continuity of the conversation that will have an impact on the 2nd half of the conversation. Samet28 suggests how Moshe’s lack of a response- his “deafening silence” (symbolized by the פרשה סתומה) is the break that will cause the Tribes to present their  request  in a straightforward way,יתן את הארץ הזאת לעבדיך לאחזה אל תעברנו את הירדן29."
  •  להניע-להניא-להניח30 - Samet31 shows how  Moshe’s play on verbs further connects the two Tribes’ and   the Spies’  respective sins and punishments with  each other.32
  • "ויראו את ארץ"- refers to R&G’s  laying eyes on Eiver Hayarden, reminds us of Moshe’s instructions to the Spies וראיתם את הארץ33.  People see the same scene through different lens’.  R&G saw Eiver Hayarden through the lens of self-interest, while the Spies were told by Moshe to see it in all its promising possibilities.
  • אל הארץ אשר נתן להם ה and ...את האדמה אשר נשבעתי לאברהם ליצחק וליעקב-By referring to Canaan as the Promised land, three times in his  first response, Moshe is  insinuating   that the Tribes’  preference  for  Eiver Hayarden is misplaced.
  • לבני ראובן ולבני גד...בני גד ובני ראובן.." According toChizkuniBemidbar 32:2About R. Chizkiyah b. Manoach , Ibn EzraBemidbar 32:1Bemidbar 32:2About R. Avraham ibn Ezra and RambanBemidbar 32:1About R. Moshe b. Nachman,  because of their greater wealth and military prowess,the Tribe of Gad,  were the initiators of the plan and therefore, are listed first throughout the chapter, except for the introductory verse-out of respect for Reuven, the biological Bechor. The NetzivBemidbar 32:1About R. Naftali Tzvi Yehuda Berlin supports this claim from the text that describes Reuven's holdings as רב, whereas, Gad's were עצום מאד.
  •  כי בא נחלתנו אלינו-According to RashBemidbar 32:19About R. Shelomo Yitzchaki (as understood by the RambanBemidbar 32:19About R. Moshe b. Nachman,  this sounds somewhat arrogant,  as if to say that it was a “done deal”, before the negotiation was over.
  • ויגשו אליו- Akeidat Yitzchak85About R. Yitzchak Arama and the MalbimBemidbar 32:14,16About R. Meir Leibush Weiser understand that Moshe’s  harsh response, surprised R&G .  They now drew  closer to Moshe, and primarily to him offered their modified proposal  ,perhaps out of a sense of embarrassment ( symbolized by the  פרשה סתומה) . 
  •   עבדיך...אדני...עבדיך...אדני- The multiple expressions  of humility reflect  their attempt to ease  the tension.
  • דרת צאן נבנה למקננו פה וערים לטפנו   -In their revised  version , R&G suggest that they will settle the Eastern Jordan, where they will build fences for their livestock and then, cities for their children , to which Bemidbar Rabbah22:622:8About Bemidbar Rabbah  comments, שעשו את העיקר טפל ואת הטפל עיקר. Following the midrash, RashiBemidbar 32:16About R. Shelomo Yitzchaki points out that  Moshe’s 2nd response will correct their faulty order of  priorities,בנו לכם ערים לטפכם וגדרת לצנאכם . By their third response, R&G will integrate this lesson, טפנו נשינו מקננו וכל בהמתנו יהיו שם בערי הגלעד. 
  • לפני הי- In contrast to R&Gs’ counter proposal  which did not mention G-d, Moshe invokes  G-d’s name 7 times in his response to their counter proposal (20-23). As  Akeidat Yitzchak85About R. Yitzchak Arama and MalbimBemidbar 32:31-32About R. Meir Leibush Weiser point out, Moshe is using this opportunity to  educate the Tribes, that their actions be  לשם שמים, that is, that they are fighting not only in the name of G-d, but by doing so they may be assured of the help of G-d. 
  • והייתם נקים...ואם לא תעשון כן הנה חטאתם לה. From these  words we can infer that the Tribes took a solemn oath before G-d to keep their promise34.
  • לבני גד ולבני ראובן ולחצי שבט מנשה בן יוסף-Menashe’s lineage  is mentioned here t o legitimize their claim to  lands in Eiver Hayarden, which according to the Book of Chronicles, took place during the life of Yosef35
 
 
 
 

Moshe Misjudges

According to this approach , R&G  had  every intention of participating with all Bnei Yisrael  in the   Conquest. The only  meaning of "אל תעברנו את הירדן" 36,”do not move us across  the Jordan”,  was in regard to settlement and inheritance. However, fueled by memories of the traumatic episode of the Spies, and all the damaging effects that it  had on the morale of the Bnei Yisrael ,  Moshe concluded that they are  refusing  to participate in the Conquest, as he exclaims,  האחיכם יבאו למלחמה ואתם תשבו פה.Only after they are given the opportunity to clarify their original proposal, does Moshe reconsider and  acquiesce . According to this view, the central problem of this chapter  is with Moshe’s hasty, over reaction which leads to his misunderstanding the Tribe’s  request which may  indicate a flaw in his leadership .

Moshe's Indifference to their Request to take their Inheritance in Eiver Hayarden – Since Moshe makes no explicit reference to their preference to settle in Eiver Hayarden over the Promised Land, neither in his initial outburst nor even in his acquiescence  to their clarified position, it would seem that this was not a problem.  Perhaps this was because at some point he consulted with G-d and received Divine approval37. According to RashiDevarim 1:4About R. Shelomo Yitzchaki, RambanBemidbar 21:21Bemidbar 32:41About R. Moshe b. Nachman, and the  AbarbanelBemidbar 32Bemidbar 32About R. Yitzchak Abarbanel, it is  also possible that  Moshe ( as perhaps did R&G), saw the  miraculous military victory  of the Lands of Sichon and Og as the beginning of the Conquest and included in the command"החל רש לרשת את ארצו...ויתנהו ה' אלקינו לפנינו"38,  and, as such, subject to the laws of inheritance39.


Was the Request of R&G Motivated only by Self -Interest? The request of R&G to settle in Eiver Hayarden may not have been  motivated solely by personal interest but by the following concerns.  Samet40 points out that had   these recently conquered lands been permitted to remain unoccupied, they would have been soon inhabited by enemy populations on Canaan’s doorstep. By settling these lands and cities, the two Tribes can serve as a ring of defense for the Israelites on the western side of the Jordan, against incursions from the Arabian Desert. In addition, by not taking their inheritance in Canaan, this enabled all the other tribes to each receive a larger portion41. Economic prosperity for the two Tribes would also be an asset for the rest of Bnei Yisrael.
These wider concerns of  R&G can be seen in the way they order the aspects of their clarified proposal. They first specify their intentions 1) to build fences for their livestock and cities for their children,2) to go first into  battle as an expeditionary force  and 3) to remain in Canaan until the land is apportioned among all the Tribes.  As Josephus 4 7:3About Josephus Antiquities of the Jews and  ChizkuniBemidbar 32:17About R. Chizkiyah b. Manoach   point out, this can be seen as an argument that their ability to fight effectively and remain in Canaan for an indefinite period,  will be enhanced by their knowledge that their families and livestock are safely settled.

Moshe as Leader – Moshe’s hasty, over-reaction to the request of R&G can be seen as another indication of the infirmities of age, as in the episode of the Mei Meriva, according to the NetzivBemidbar 20:10About R. Naftali Tzvi Yehuda Berlin.   Although the Torah says about  Moshe:42ומשה בן מאה ועשרים שנה במתו לא כהתה עינו ולא נס לחה.Moshe admits about himself,   בן מאה ועשרים שנה אנכי היום לא אוכל עוד לצאת ולבוא43.  In spite of unusual strength of body and spirit, Moshe may have been undergoing the painful experiences of  “burnout” and déjà vu. It could be that Moshe is not permitted to go with his people into the Promised Land because his talents as a leader were  no longer suitable to the new reality44.
The Sudden Appearance of Menashe – Once Moshe receives G-d’s approval to settle R&G in Eiver Hayarden,  he  can feel comfortable in offering other  territory in Eiver Hayarden to the  clans from  Menashe. Especially since, as we indicated  (approach 1)45, Moshe was merely handing over lands that they had  previous claims to, that were now “liberated”. 
It may also be that Moshe was concerned about the possible dangers of the  growing alienation between the tribes of the east and west of the Jordan. By positioning certain clans of the tribe of Menashe on Eiver Hayarden , this would enlist family and tribal ties that would connect the two communities separated by the Jordan46. The fact that their portion in Canaan was contiguous with their portion on the other side of the Jordan, would make them a good candidate for this task. The Moshav ZekeinimBemidbar 32:33About Moshav Zekeinim   suggests that Moshe saw that the land in Eiver Hayarden was too vast  for only Reuven and Gad to settle, and so for security reasons, offered a few clans from Menashe to join them.  The NetzivDevarim 3:16About R. Naftali Tzvi Yehuda Berlin  points out that  the tribe of Menashe  was knowledgeable in the Torah tradition and would make them a valuable asset to the isolated communities in Eiver Hayarden.  According to this approach, conquests by Machir son of Menashe in Gildead, (32:39) took place as described, after being invited by Moshe to join R&G in Eiver Hayarden.
However, the text in Devarim 3:12-14 seems to imply that the conquests by the Machir clans of portions of Gilead took place during the campaign of Sichon and Og. The Ramban47 suggests that the Menashe clans  had hesitated to make any requests for settlement.however, once the tribes of Reuven and Gad took that bold step, the clans of Machir  followed suit.


Textual Points
  • ומקנה רב היה לבני ראובן ולבני גד מאוד ויראו את ארץ יעזר...והנה המקום מקום מקנה"ומקנה רב לבני ראובן ולבני גד..ויבאו בני גד ובני ראובן" - According to the Or Hachayim48, this introductory verse with  its focus on the word "מקנה" , presents the facts and the context, in a very matter of fact way, and not meant as a value judgement . The Tribes’ accumulated wealth, was a function of the military prowess of Reuven and especially Gad, whose reputation –accounts for his name listed first, in most of the chapter.
  • עטרות ודיבון ויעזר ונמרה וחשבון ואלעלה ושבם ונבו ובען  Convention would have dictated first to give the general context before listing the names of cities.  The verse’s  strange  sequence and the listing of all the cities, brings to focus  the  potential danger of many uninhabited cities on the border of Canaan49.  
  • הארץ אשר הכה-The Abarbanel50 and Or Hachayim51 claim that by referring to G-d’s help in the conquest of the lands of Sichon and Og, R&G are claiming that  these lands of Eiver Hayarden  have a special status- that they are looked upon favorably by G-d and are extension of the Promised Land.
  •  ויאמרו אל משה...ויאמרו אם מצאנו חן-The repetition of the word  " ויאמרו"while in the middle of an uninterrupted conversation that began  in verse 2, is a textual phenomenon that might  indicate a break in the continuity of the conversation that will have an impact on the 2nd half of the conversation.The Abarbanel52 suggests that  Moshe’s lack of a response- his “deafening silence”-(symbolized by the פרשה (סתומה is the break that will cause the Tribes to present their request in a straightforward way,יתן את הארץ הזאת לעבדיך לאחזה אל תעברנו את הירדן53 . 
  • ויגשו אליו- The Abarbanel54 describes how they came closer to Moshe, as if to whisper in his ear, "במחילות כבודו”, as if to say, “pardon me, sir, but we have a misunderstanding  let’s clarify “ – as does Yehuda to Paro55
  • כי באה נחלתנו אלינו  - The Ramban56 implies that (unlike his understanding of Rashi) this is  manner of speaking and  not meant to be haughty.
  •  גדרות צאן נבנה למקננו פה וערים לטפנו....טפנו נשינו מקננוו וכל בהמתנו יהיו שם-The difference in the  order  of activities need not be a reflection of the  Tribes’ misplaced priorities,  but rather  they represent different settlement strategies- According to the Kli Yakar57, to first build fences for the animals on the frontier, as a buffer ,while according to the Abarbanel 58, to first secure the families.
  • לבני גד ולבני ראובן ולחצי שבט מנשה בן יוסף-Not being the sons of Yaakov, their tribal affiliation goes back to Yosef.